Monday, June 27, 2011

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americandesi

11-02 05:13 PM

You make these H1-Bs who have spent 6 years here (working on various products, technologies, ramping up, understanding customers, relationships etc) go back, they are going to start companies in India. Now all the capital stays out there. The same 5 products that could have been built in the US and sold to lots of companies abroad, will now have to be bought by the US.

Total AOS applications pending as of June-2008 is 740,969. What percentage of them is Eb-3? where did you get that 55% from? What % of EB3 is from india? Where did you get that 30% from?

Thanks, g

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amitjoey

12-22 02:29 PM

Dear Sir/Madam

I have been in the country Legally on a student visa and then on a work visa for 10 years. I have been in line and have applied for a greencard 6 years ago and my application has been shuttled through various departments and agencies in a 4 step procedure and now being stalled for want of a number (An immigrant number) for a highly skilled immigrant. There are an estimated 1/2 million legal law abiding, tax paying individuals in a similar situation who need your attention. All of them are in the country on a work visa and are in line to recieve an employment based green card.

The Employment based green card system is completely broken due to excessive delays and backlogs in petitions of nearly half a million highly skilled workers who are certified by US Government to be doing a job that no US citizen is willing, qualified or able to do. The delays in obtaining a permanent residency are due to 2 reasons: Numerical caps on employment-based green cards and processing delays in adjudication of files. Today the system takes anywhere between 6-12 years to grant Green cards to some of the best and brightest of the world who have chosen America as their future home.

These future Americans are facing huge quality of life issues and their employers are facing difficulty in attracting more of the best and brightest of the world due to the broken system. The system prevents these workers from accepting promotions and switching jobs for the time-period it takes to process their files. By stagnating career growth and suffocating the creativity of the most innovative and technical minds of the world. The processing delays mock America�s respect for those who �play by the rules� and get in line. At the same time USCIS awards 10s of thousands of greencards to people every year outside of USA based on a pick or lottery.

At the end of 2006, there were an estimated 200,000 employment-based principals waiting for labor certification, which is the first step in the U.S. immigration process. The number of pending I-140 applications, the second step of the immigration process, stood at 50,132. This was over seven times the number in 1996. The number of employment-based principals with approved I-140 applications and unfiled or pending I-485s, or the last step in the immigration process, was 309,823, a threefold increase from a decade earlier. Overall, there were 500,040 employment-based principals (in the three main employment visa categories of EB-1, EB-2, and EB-3) waiting for legal permanent residence. And the total including family members was 1,055,084.

These numbers are particularly troubling when you consider there are only around 120,000 visas available for skilled immigrants in the EB-1, EB-2, and EB-3 categories. To make things worse, no more than 7 percent of the visas are allocated to immigrants from any one country. So immigrants from countries with large populations like India and China have the same number of visas available (8,400) as those from Iceland and Poland.

At the same time, a debate rages about H-1B visas and this gets considerable press coverage. Companies such as Microsoft, Intel, and Oracle have been lobbying for visas to bring in skilled immigrants, but have focused on expanding the numbers of H-1B visas available. Why? Perhaps because workers on these visas are desirable, as they are less likely to leave their employers during the decade or more they are waiting for permanent residence.

So we want skilled immigrants, but we want them to come on the right visas as permanent residents. The battles being fought are about bringing in more people with H-1B visas�not about those who are already here with them and stranded in �immigration limbo.�

Unlike many of the problems facing the United States, this one isn�t hard to fix. All we have to do is to increase the number of visas offered to skilled workers in the EB-1, EB-2, and EB-3 categories from 120,000 to around 300,000 per year. And we need to remove the per-country limits. Instead of requiring graduates from top universities who receive jobs from American corporations to go through the tedious H-1B visa process, we should provide a direct path to permanent residence. We are now competing with the rest of the world for the best talent. We need to do all we can to attract and keep skilled immigrants, rather than bring them here temporarily, train them, and send them home. One more most important aspect is also to provide an oversight over USCIS. Presently, processing delays, lost paperwork, incourteous and bad customer service and above all a non-transparent system is what immigrants face. Why should legal tax paying immigrants wait in line patiently for half a decade and pay high fees to get lousy customer service and no accountability for fees?.

Yours truely, Frustrated, law abiding, tax paying immigrant

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Leo07

12-03 11:51 AM

I can understand where you are coming from...with only few people participating in the core efforts and many people commenting on the efforts online. I can agree to that part.

However, we must not under play the fact that an organizations of need-based and issue based type ALWAYS has floating members.

For example....if your GC gets approved tomorrow...I'll bet that you'll not care less about the forum.

Best!

IMO, this is the biggest problem plaguing IV - perception of IV as just another online forum (community) or a "chat room" as a newspaper reporter put it ! (http://www.freep.com/apps/pbcs.dll/article?AID=/20071123/NEWS07/711230422/1009) (under the heading "Taking Action").

This point IV = chat room has come to the fore, several times in discussions. A lot of persons have refused to join IV efforts with the ruse "IV is just an online forum where members discuss mundane matters". Whether someone admits it or not, IV has a serious image problem !. It needs to be corrected soon (by more than making another announcement type "We are not a forum" post !)

Strength of an(y) organization comes from contributing, active members. And not from MINOWs (Members-In-Name-Only Wusses)

There is a chance that all unused visas over the last several years will get assigned to FB quota and EB folks will loose all those visas for ever. There is nothing in it for us. In-fact, if this bill passes, they are goin got apply the unused visa numbers towards FB, and we will lose any chance of re-capture, for-ever. I think, we have a lost cause. The sooner we accept this, the better. We simply do not have the funds, commitment and political support that the illegals enjoy. We all know where the maximum nubver of FB immigrants are from, and they represent a big block of votes, since most of them happen to have the herd mentality, due to lack of education.

We, on the other hand, are educated, well read, tax paying people, who actually think about issues and merits of a person, hence no use to politicians.

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zCool

02-27 02:14 PM

labor sub is being cancelled.. Don't get into it.. you will loose money and gain nothing..

Count me in as well. This memo is completely discriminatory and will do more harm than good. It is surprising that very few are willing to come forward and fight this abuse. I am sure that there are hundreds of affected members and a collective effort will help us all.

Why so many GC were applied at the first place that caused retrogression. Because a large number of people came on H1B to US. All these people who came to US on H1b did not actually had any extraordinary skills. These people somehow got in touch with these Desi Consulting companies and came here without any skill and without any projects. These desi consulting companies applied there GC irrespective of the fact that these guys have a job or not. Some of the people I know have sat on bench for years, living with their relatives, unable to get any job. But they had their labour filed. These knid of people would not have made to US, if these fadudent companies were not there.

Also big companies, have a policy not to apply GC before one year of service. The point was that these companys will file GC only if they feel that the employee adds value to the company. But with these desi companys people have filed GC even before joining the companys.

In essence if the GC process was working without these Desi companies, I can bet that the number of GC applied would have been much lower than what have we currently have.

Substituted labor has further added to this problem.

H1B problems have nothing to do with retrogression.

If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?

Nothing.

Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.

But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.

At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.

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bk2010

05-09 10:02 PM

Hello:

The company I am working with doing business for 40 years (less than 40 employee) and as per my lawyer, financially very good. I hired the lawyer and employer directly gave him financial docs. I am only one person with H-1 in this company's history and working for 4 years. Got labor approval on PERM EB2 (MS+1) and did concurrent filing with I-140 premium processing.

I received RFE regarding company's ability to pay. We sent tax files for FY 2005 (contains oct '05 to Oct '06) for being PD of Nov '06 and W2 for 2006 which showed 6k more than offered wage. Company started paying me offered wage one week after the PD and offered wage is 3k more than prevailing wage. RFE specified to show ability to pay by showing 2006 tax return or audited financial statement by 12 weeks. Any of this will not work as tax file will be prepred on Nov '07 for FY 2006 and audited finan. stat. costs a lot of money. My company has no clue and just planning to write a letter that they will not able to provide before Nov 07 and already submitted tax file upto Oct 06 which could be enough to find the financial status. They talk to their CPA and he advised to do so.

I am really not very fimilar with all these issues. What should I do as company is not able to provide above 2 things that USCIS asked for? Can I send my paychecks even started getting paid offered wage after one week?

Let me try.. I'll do better than that and invert the 6 and make it 9.. now happy? :)

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sc3

07-02 07:08 PM

leave my indian employer soon. they are saying they have 90 days notice period.... which was set from india. I work in ohio which has "employment at will" law... I am not going to serve the full notice period..... but if they deduct any money..... I am going fight like hell.... planning to complain to DOL and state govt office......I will keep updated on what happens....

"Employment at will" does not invalidate your notice period requirements. If you have an agreement with your company for a notice period, as long as it is not unduly restrictive, 90 days is probably arguably restrictive, you will have to honor your word.

Regarding the 1st point, we, or at least I, am already trying to recruit as many people as I can, also posted IV posters in a few places. Does anyone know how the illegals got word out about their rally across the country, or specifically press coverage about it? If so, we can try to use the same source, not for a rally, but to get IV's name out and talk about our major issues reduced to 2-3 points, so it is not confusing for the public.

Regarding, 2nd point, I think we can all contribute small amounts, say $50-100, but unfortunately most of us are stuck in low paying jobs. If we can get employers involved, that could be a better source of funds. Seriously, I dont expect many employers to contribute, but maybe academic employers who are losing funding because their H1-b employees are not authorized to get it, might be more willing to contribute.

Also, is anyone aware of any Indian American politicans, perhaps local Congressmen, that we can contact? I think I read recently of one in Texas.

Here is a story on a senator from Delaware who seems to be suportive of Indian Americans, although the story is on how he made a blunder talking about them:

http://www.cbsnews.com/stories/2006/07/07/politics/main1785303.shtml

Also, though you are probably aware of these organizations, maybe we can apporach them to help publicize our cause where it matters: 1) Indian American Republican Council: http://www.iarcnational.org/ 2) Indian American Center for Political Awareness http://www.iacfpa.org/ I agree with rheoretro, the first thing that any member feeling helpless here should do is to get more publicity for IV. Talk to people in the same situation who are suffering because of backlog or cannot file because of retrogression. Please urge all your friends, influence them to contribute to IV. Lets continue doing that on a daily basis and then if you feel you can do more, start writing to your local representatives, senators, house members. I have written atleast 2-3 times to my senator on numerous occasions. I feel, your words, combined with your thoughts about how this affects you helps a lot in conveying and putting the message across.

I just got sending a email message to my senator here, I am going to follow it up with a letter. Email message reads like this:

Dear Senator Boxer I have been a legal resident in state of " " for close to 5+/X years and I have been a legal resident in the USA for a total of X years. I am a legal immigrant, whose application for permanent residency has been pending for the last 3 years.

The U.S. government makes only a certain number of immigrant visas (green cards) available each year and these are allocated among the various immigrant visa categories and countries from which applicants seek to emigrate.

Retrogression: For the past few years, the number of immigrants approved for employment-based immigrant visas has been lower than the number of visas available, resulting in no backlog in visa numbers. Recently, the DOS has seen far more immigrants approved for employment-based immigrant visas and has run out of visa numbers in certain categories, causing a temporary backlog or "retrogression" of visa numbers.

1) professionals with a bachelor's degree 2) skilled workers in positions requiring two or more years of experience or training 3) unskilled workers

Chargeability: Immigrant visa numbers are further apportioned among the various countries from which applicants seek to emigrate. Each country has a limit and each approved applicant is "charged" against his or her country's limit.

Also to complicate the matters, there are those folks that came here illegally that were allowed to change status based on 245(i). Every year in Oct (start of new fiscal year for the govt) 140,000 visas are made avaible for EB3s. These 140,000 visas are divided amongst the different nationalities. Some visas are now going to be eaten up by the surge of 245(i)s from 2001. Irrespective of the the nationality of the 245(i) applicants, they are impacting every category witihn EB3. That is the main reason that almost all EB3 categories have retrogressed and will remain so for a while. Its a grim picture but thats the reality.

We need some intervention from Congress, otherwise people like me will have to wait for years - possibly half a decade or more

I support your opinion that there cannot be any amnesty for illegal immigrants, but there should be emergency relief for legal immigrants stuck in the logjam for years. We ought to make it a little fair for legal, honest and law-abiding legal immigrants.

Please support any bill that gives a temporary relief to legal immigrants (especially Employment based applicants). A temporary increase in the number of Visas allocated to the Employment based categories can substantially alievate some hardship.

Thanks for your understanding Future Citizen, proud resident of state of California

Thanks

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santb1975

06-04 01:00 AM

We only had 27 people who called the rep's so far. We can do better than this

Not wrong.. I said it's "being" cancelled.. OK. I overlooked that. The rule, how I understand it, will not do any harm for those people who's I-140 is already approved. But there is still risk if I-140 is not approved and labor substitution is banned. So it all depends on how strong the case is and how much risk is tolerable.

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conchshell

08-19 02:20 PM

Congratulations on your citizenship. I am happy for you.But, in what ways can you help? I very curious to know. I have been following your post and so far I am still optimistic for your grand help that you have been talking about through out.

I know the power of citizenship. My wife's father passed away last year in September. Her AP application was pending. We took an infopass appointment to get an emergency AP, and met an officer who was really rude. In essence the officer told us that she can not do anything on humanitarian basis and point blank asked us to go and talk to the Congress.

And that's what we did. We asked one of our friend who is citizen to help. She took my case details and the officer's badge number. She personally talked to local congressman and senator's office. They initiated an inquiry with USCIS, quoting the officer's statement and the badge number ... Three days later we got a call from local USCIS office, filled with sympathy and full of remorse. A week later we got her AP document.

So a citizen can really help. Please make your contact details available, so that when emergency arises, you can help them by contacting the congressman or senators.

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aadimanav

08-16 11:14 AM

Please read the following thread, provide your feedback, and participate in the poll:

GC Recapture Campaign is LIVE now http://immigrationvoice.org/forum/showthread.php?t=20190

Have a wonderful weekend!

:)

BrightSpark

06-20 12:21 PM

So what happens now?

snathan

06-17 03:03 PM

Why do they claim $ 3 million for emotional, etc. why its not $3 or $300 million. How do they measure the $ 3 million for emotional loss or whatever BS.